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Opinions June 24, 2010

Indiana Court of Appeals
Douglas
Covey v. State of Indiana
30A01-0906-CR-311
Criminal. Affirms convictions of dealing in methamphetamine as a Class A felony, possession of methamphetamine as a Class
B felony, possession of methamphetamine as a Class B felony, possession of marijuana as a Class A misdemeanor, and possession
of paraphernalia a Class A misdemeanor. The state presented sufficient evidence to prove that Crosby lived in an “apartment
complex” and thus Covey delivered the methamphetamine and possessed the methamphetamine in or within 1,000 feet of a
“family housing complex.” Because Covey never placed the mitigating factors of Indiana Code Section 35-48-4-16(b)
at issue, the trial court did not commit fundamental error by not instructing the jury on those mitigating factors.

Indiana lawyer loses SCOTUS case

A Terre Haute attorney has lost a free speech case before the Supreme Court of the United States, striking a blow to what
he calls an ongoing campaign to eliminate campaign finance reform.

Judges affirm elevated drug convictions

The state presented sufficient evidence to prove a defendant delivered and possessed methamphetamine within 1,000 feet of
a family housing complex, so the Indiana Court of Appeals affirmed elevating his convictions to a higher felony level.

Human trafficking experts visit law school

Two law enforcers and a nongovernmental organization official from the Philippines will visit Indiana University School of
Law – Indianapolis Friday to discuss global human trafficking.

Opinions June 23, 2010 ILD

Indiana Court of Appeals
Mary Ann Dandino v. Luisito C. Gonzales, M.D., and Elkhart Clinic, LLC (NFP)
20A03-0907-CV-354
Civil. Affirms grant of Dandino’s motion to correct error and grant of a new trial based on the omission of the definition
of proximate cause in the jury instructions. Reverses denial of her motion to amend her complaint pursuant to Ind. Trial Rule
15(B). Remands for further proceedings.


I.S. v. State of Indiana (NFP)
49A02-0909-JV-861
Juvenile. Affirms adjudication for committing what would be Class A misdemeanor possession of marijuana if committed by an
adult.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions June 23, 2010

Indiana Supreme Court
Indiana
Patient's Compensation Fund v. Gary Patrick
49S02-0909-CV-402
Civil. Reverses finding that the Adult Wrongful Death Statute applied to Patrick’s claim as personal representative
of his son’s estate and award to Patrick for his emotional distress claim. Because damages for emotional distress aren’t
available under the Adult Wrongful Death Statute, a parent can’t bring a derivative claim seeking such damages under
the Medical Malpractice Act.

Justices: Claim not allowed under MedMal act

Because claims for emotional distress aren’t allowed under the Adult Wrongful Death Statute, a father can’t bring
this type of derivative claim under the Medical Malpractice Act, the Indiana Supreme Court ruled today.

Translated transcripts necessary for jury

A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions
recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.

Justices dismiss DCS transfer petition

The Indiana Supreme Court has dismissed a transfer petition filed by the Indiana Department of Child Services because the
Indiana Court of Appeals ruled in favor of the DCS.

BLE needs second site to fit applicants

There are a lot of people who want to become attorneys. So many people, in fact, that the Indiana Board of Law Examiners has
had to find a second location to administer the July test.

7th Circuit: Insurer can challenge its duty to defend

The 7th Circuit Court of Appeals has lifted a stay imposed by the District Court in Hammond on an insurer’s declaratory
judgment action regarding coverage of a physician who skipped town instead of facing criminal charges and civil suits.

Justices rule on judicial mandate case

In its first case since the state amended its rules last year on how judicial mandates are handled, the Indiana Supreme Court
has today issued a decision about a St. Joseph Superior judge’s mandate for the county to pay for multiple items he
considered necessary for running the local juvenile justice system.

7th Circuit rules on attorney withdraw brief practicalities

Ruling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case
to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney
withdraw briefs on those issues.

Opinions June 22, 2010

7th Circuit Court of Appeals
Medical
Assurance Co., Inc. v. Amy Hellman, et al.
08-2887
U. S. District Court, Northern District of Indiana, Hammond Division, Judge Allen Sharp.
Civil. Medical Assurance appealed the District Court’s stay on the company’s declaratory judgment action. The
company asked the court to declare that Dr. Mark Weinberger breached his contract obligations when he disappeared while on
vacation and hasn’t been participating in his defense in more than 350 medical malpractice claims.

Court: refusal to identify law applies to passengers

Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis
officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion
he’d done anything wrong.

High court grants 2 transfers

The Indiana Supreme Court will rule on the issue of whether a defendant has to prove at a probation revocation hearing for
failing to support dependents his or her inability to pay the support.